South african courts’ differing approaches to determining children’s views in family law matters

Abstract

This dissertation analyses thirteen South African judgments to establish how courts determine children’s views and wishes in legal proceedings. The judgments selected relate to child participation in divorce and care, relocation, and child abduction proceedings. The analysis finds that South African courts determine children’s views and wishes in legal proceedings in diverging ways. Various role-players are involved in assessing children in legal proceedings, and are requested to report their findings to courts. To ensure compliance with the UNCRC, ACRWC and the Children’s Act 38 of 2005, it is important that the respective role-players involved in determining children’s views in legal proceedings base their assessment and findings on the proposed prescribed measures and undergo additional, relatively simple training in respect of such measures. Prescribed measures to determine children’s views and wishes will result in a less diverging, more consistent approach to child participation.